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Road Rules 

and the 

Law of Automobiles^ 


With Special Reference to the Laws of 
New York, New Jersey, Connecticut 
and Massachusetts 




By 


Neal Dow Becker J 

of the New York Bar 


Published by 

Erie W. Whitfield 

New York City 


1910 



Copyright 1910 
By Erle W. Whitfield 


< *• t 


PRESS OF 

The New Era Printing Company 
LANCASTER. PA. 


V 


©Cl.A275520 % 


CONTENTS 


(The numbers refer to sections) 


CHAPTER I 

Operation of Motor Vehicles on Public Highways 

1. In General, Duty of Reasonable Care 

2. Rights in the Highway 

3. Meeting and Passing 

4. Overtaking and Passing 

5. Duty to Avoid Collision 

6. Turning Corners 

7. Crossings and Cross-roads 

8. Horses 

9. Pedestrians 

10. Standing Vehicles 

11. Status of Guest 

12. Public Parks 

13. Special Road Rules in Cities 

14. Speed 

(a) Speed in New York 

1. In the State of New York 

2. In the City of New York 

(b) Speed in New Jersey 

(c) Speed in Connecticut 

( d) Speed in Massachusetts 

15. Driving by an Intoxicated Person 

16. Duty in Case of Accident 


CHAPTER II 


The Equipment of Automobiles 

17. In General 


in 




IV 


Contents 


18. Responsibility of Driver 

19. Responsibility of Owner 

20. Responsibility of Manufacturer 

CHAPTER III 

Registration of Motor Vehicles 

21. In General 

22. Registration of Motor Vehicles in New York 

23. Registration of Motor Vehicles in New Jersey 

24. Registration of Motor Vehicles in Connecticut 

25. Motor Vehicles of Non-Residents 

26. Motorists Must Obey Local Laws 

27. Revocation of Registration and License 

CHAPTER IV 

Who May Lawfully Operate Motor Vehicles on Public 
Highways 

28. In General 

29. Age of Operator 

30. Chauffeur’s License in New York 

31. Operator’s License in New Jersey 

32. Operator’s License in Connecticut 

33. Status of Non-Residents as to Operators’ Licenses 

34. Revocation of Operator’s License 

CHAPTER V 

Employer and Chauffeur 

35. Operation of the Car 

36. When Chauffeur is Acting Within Scope of Employment 

37. Chauffeur’s Authority to Purchase Supplies 

38. Commissions to Chauffeur 

39. Unauthorized Use of Car by Chauffeur 


Contents 


v 


CHAPTER VI 

Relations of Automobile Owner with Garage Keeper 
and Repair Man 

40. In General 

41. Garage Keeper’s Rights 

42. Liabilities of Garage Keeper 

43. Rights and Liabilities of Repair Man 

CHAPTER VII 

Crimes of Automobilists, and What to do in Case of Arrest 

44. In General 

45. The Arrest 

46. Admissions 

47. Proceedings Immediately Following Arrest 

48. Bail 

49. Special Provision in Lieu of Arrest in New York City 

50. Defense of Speed Cases 

51. Guilt of Passenger 

52. Ignorance of Law No Excuse 

CHAPTER VIII 

Rights of Motor Vehicles on Ferries and Vessels 

53. On Navigable Waters 

CHAPTER IX 

Automobile Insurance 

54. In General 

55. Notice to Insurance Company 

APPENDICES 

Appendix A. Laws Determining the Status of Non-Residents 
Appendix B. Speed Limits and Miscellaneous Regulations 











FOREWORD 


Automobilists are conclusively presumed to know the 
law, not only in their own communities, but wherever 
they may be. Ignorance is no excuse. Yet it may be 
said with confidence that of the tens of thousands of 
motorists, comparatively few are thoroughly familiar 
with the fundamental rules of road conduct, to say noth¬ 
ing of the provisions of the motor vehicle laws. So 
many motorists among my friends have expressed a 
want for a book of this kind, that I have enjoyed taking 
from a summer vacation the time required for its prepa¬ 
ration. If it shall prove useful I shall feel amply repaid. 

N. D. B. 

New York, 


October, 1910. 








Road Rules and the Law of 
Automobiles 


CHAPTER i 

OPERATION OF MOTOR VEHICLES ON 
PUBLIC HIGHWAYS 

§ i. In General; Duty of Reasonable Care 

Drivers of every kind of vehicle on public highways 
are required by the law always to use reasonable care. 
This is independent of speed limits. Reasonable care 
is that caution and foresight which persons of ordinary 
prudence are accustomed to employ. The test in a par¬ 
ticular case whether a driver has used reasonable care is: 
Did he exhibit such caution as a person of ordinary 
prudence might be expected to use under exactly similar 
circumstances. 

Accordingly, what is reasonable care varies with the 
particular case in proportion to the danger involved; 
for example, a speed that would be reasonable and safe 
in daylight might be imprudent in the dark. A rate of 
forty miles an hour on a straight open country road 
might not be unreasonable, while a speed of twelve miles 
an hour on a sharp turn might indicate a want of due 
care. 

In New York state by statute of 1910 1 the maintaining 

Section 287 of the Highway Law, popularly known as the Callan 
Automobile Law. 

1 


1 



2 


Road Rules and the 


of a rate of speed in excess of thirty miles an hour for 
a distance of one fourth of a mile, is presumptive evidence 
of driving at a rate of speed which is not careful and 
prudent. This does not mean that a rate of fifty miles 
an hour would necessarily be unreasonable under certain 
circumstances. But if the motorist is proved in court 
to have driven at a rate in excess of thirty miles an hour 
for a distance of one fourth of a mile, the burden is placed 
upon him affirmatively to prove that his rate was not 
unreasonable or dangerous. 

From the fact that a driver is proceeding at a rate well 
within the speed limit it in no wise follows that he is 
using reasonable care. For instance, on a crowded or 
busy street ordinary prudence requires usually that the 
speed be much below the maximum allowed by the law, 
with frequent stops to avoid collision. 

Failure to use due care constitutes negligence , and any 
person guilty of negligence is liable for damages to any 
person injured in person or property by or through the 
negligent conduct. 

Every driver is at his peril to use reasonable care. 
Failure to proceed in a careful and prudent manner, and 
at a rate not likely to endanger the life and limb or prop¬ 
erty of another, is not only negligence, subjecting the 
driver to liability for any damage he may do, but it is 
often a crime. In New York , for instance, it is a mis¬ 
demeanor punishable by a fine not exceeding $100; and 
in any case where a driver by wanton recklessness injures 
or kills another, he may be convicted of manslaughter 
or assault, as the case may require. 

The more dangerous the character of the vehicle, the 
greater is the degree of care required in its operation. 

Where a person complains of being damaged by an- 


Law of Automobiles 


3 


other’s failure to use due care, and it appears that the 
complainant himself was careless and that his own lack 
of care contributed to the injury, the complainant is said 
to be guilty of contributory negligence, and he cannot 
ordinarily recover. 

However, where a party who has the last clear chance 
to avoid the accident fails to do so, he will be held re¬ 
sponsible for it, even though the person damaged was 
himself negligent. 


Illustrations of Rule Requiring Reasonable 
Care 

It has been held: that the fact that a driver sounded 
his horn does not excuse him for colliding with another 
vehicle; 

That a motorist is bound to anticipate that he may 
meet persons at any point in a public street, and must 
have his car under control, must slow down and even 
stop if necessary to avoid collision, a particularly strict 
duty being upon him in crowded streets, at corners, and 
in places where children are in the highway; 

That a person who seeing another seated on a park 
bench, drives a vehicle so near as to pass over his foot, 
is negligent; 

That it is not required of an automobile driver to 
slow up in passing a moving trolley car in the country, 
lest a passenger leap from the car in the path of the 
automobile; 

That it is not the duty of a driver to keep a look-out 
behind to see if children are climbing on the rear of his 
vehicle; 

That the ordinary noises attendant upon the operation 


4 


Road Rules and the 


of a car do not of themselves indicate negligence on the 
part of the operator. 

§ 2. Rights in the Highway 

A highway is a road which every citizen has the right 
to use. Automobiles properly registered and licensed 
have equal rights in the highway with other vehicles 
(including bicycles) and with pedestrians, but have no 
rights superior either to other vehicles or to pedestrians. 

The rules by which travel on highways is governed 
are called the “Law of the Road.” They were estab¬ 
lished by custom, which, after being generally observed 
by travelers for a long time, came to be regarded as law 
and have been enforced by the courts as such. It has 
since been concisely expressed, or sometimes modified, 
by enactments of the legislatures of various states, which 
enactments or statutes, taken in connection with local 
ordinances, make what might be termed the statutory 
rules of the road. 

In a community where no statutes have been passed 
the law of custom is in full force; and where statutes or 
ordinances have been passed the law of custom still 
exists, perhaps modified more or less by the statutes. 

§ 3. Meeting and Passing 

In the United States vehicles approaching and meeting 
should each turn out to the right in seasonable time, 
so as not to delay the other, and should keep to the 
right of the center of the highway, so as to pass without 
interference. The phrase “center of the highway” has 
ordinarily been construed to mean the center of the 
traveled part of the road. 


Law of Automobiles 


5 


Example: Where the road was obscured by snow, it 
was held by the court that the center of the road was 
the beaten or traveled track. It has further been held 
that the traveled portion of the road means the part 
worked for traveling, and not merely the most traveled 
wheel track. 

Although in New York failure of a driver of a motor 
vehicle to pass to the right is by statute a misdemeanor, 
and although in Massachusetts and New Jersey , by stat¬ 
ute, such failure may subject the driver to a penalty, 
still in general it may be said that the rule is not abso¬ 
lutely rigid. In crowded streets and where light vehicles 
pass heavily loaded ones, deviations are frequently neces¬ 
sary. Indeed it has been said that a driver by too rigid 
adherence to the rule may become liable for damages 
where he might have avoided accident by different con¬ 
duct. The law expects drivers to use common sense; 
and it behooves every driver not to be small-minded or 
captious. 

If a driver is traveling on the wrong side of the road 
and a collision occur, that is usually considered prima 
facie evidence of that driver’s negligence. He may, how¬ 
ever, relieve himself by showing that the collision did 
not result from his being out of place, or that his presence 
on the wrong side was due to an obstruction, or other 
cause. 

In England and Canada the rule of the road requires 
turning out to the left instead of to the right. 

§ 4. Overtaking and Passing 

Some confusion has existed in this country as to 
whether there is any rule of custom providing on which 


6 


Road Rules and the 


side of the road an overtaking vehicle should pass the 
one in front. The reasonable conclusion seems to be 
that there is a rule irrespective of statute requiring the 
overtaking vehicle to pass to the left. In most juris¬ 
dictions the matter is now settled by statute. 

In New Jersey, Connecticut and Massachusetts the 
driver of the overtaking vehicle must pass to the left 
under penalty. In New York and New Jersey the 
driver of a motor vehicle who overtakes and passes other¬ 
wise than to the left is guilty of a misdemeanor and 
punishable by a fine of twenty-five dollars, and in Con¬ 
necticut a violation is punishable by a fine of fifty dollars. 

The driver of the vehicle being passed must not un¬ 
reasonably obstruct the passer, and if he can do so with¬ 
out danger to himself, should seasonably turn to the right 
to give the other half of the road and a fair and free 
opportunity to pass. 

If the driver of an overtaking vehicle desires to pass, 
he should sound his horn or other signal in such a way 
as to apprise the driver of the preceding vehicle of his 
presence. The driver of the leading vehicle should then 
pull out to the right sufficiently to allow a passage by 
without interference. 

§ 5. Duty to Avoid Collision 

Because one driver is on the wrong side of the road, 
or encroaches on the part to which he is not entitled, 
another cannot for that reason cease to use due care to 
avoid collision. He must delay if necessary, and can 
seek redress if damage results to him therefrom. Having 
a clear opportunity to avoid collision himself, he cannot 
fail to use reasonable care to do so and be considered 
free from negligence. 


Law of Automobiles 


7 


§ 6. Turning Corners 

At an intersection of public highways a driver should 
always keep to the right of the intersection of the high¬ 
ways. 

When turning to the right he should keep as near the 
right hand side of the road as is practicable, thus: 

_J L_ 



THUS 


When turning to the left, the driver should turn around 
the intersection, thus: 



In many states, including New York, failure to observe 
this rule renders a driver liable to fine as a misdemeanor; 
and most large cities have traffic ordinances to that effect. 


§ 7. Crossings and Cross-roads 

The rights of persons approaching at right angles are 
equal, and each must take care not to injure the other. 




















8 


Road Rules and the 


Nearly all the states have laws requiring the driver of 
a motor vehicle on approaching an intersecting highway, 
to reduce his speed to a low rate and give a signal. 
The requirement in New York state is that every person 
operating or driving a motor vehicle shall, when ap¬ 
proaching a cross-road outside the limits of a city or 
incorporated village, slow down the speed and shall sound 
his bell, horn or other device for signalling in such a 
manner as to give notice and warning of his approach. 
Inside the limits of a city or incorporated villages the 
local ordinances usually make substantially the same 
requirement; and due care would seem to make it neces¬ 
sary irrespective of statute. 

It is also the law in New York and quite generally 
elsewhere that approaching an intersecting highway or 
a curve or corner in a highway where the operator’s 
view is obstructed, every person operating a motor vehicle 
shall slow down and give a timely signal with his bell, 
horn or other device for signalling. 

§ 8. Horses 

Automobilists are chargeable with knowledge that 
horses may be frightened by motor vehicles, and it is 
the drivers’ duty to exercise particular care not to alarm 
them. It is always the duty of the driver of a motor 
vehicle to stop when he sees he is frightening a horse by 
proceeding, and if the engine is apparently frightening 
the horse, the motorist should stop the engine. 

It is now a common statutory provision that every 
motorist shall stop upon signal of the driver of a horse. 

The New York statute, a fair example, provides that 
a person operating or driving a motor vehicle shall, on 


Law of Automobiles 


9 


signal by a raising of the hand, given by a person riding, 
leading or driving a horse or horses or other draft animals, 
bring the motor vehicle immediately to a stop. If travel¬ 
ing in the opposite direction from the horse, the motor 
vehicle shall remain stationary so long as may be reason¬ 
able to allow the horse or animal to pass. If traveling in 
the same direction, and he passes the horse, the motorist 
must use reasonable caution in passing. If the horse 
appears badly frightened, or the horse’s driver requests 
or signals the driver of the motor car to stop the engine, 
that must be done, and it must be kept still as long as 
shall be necessary to prevent accident and insure the 
safety of others. 

The amount of care which a motorist must exercise 
in the case of horses, will of course, depend somewhat on 
the surrounding circumstances, such as whether auto¬ 
mobiles are common in the particular vicinity, whether 
the car and its noises are more than ordinarily likely to 
cause fright, and whether a horse appears to be of restive 
temperament. 

Examples: It has been held where there was no statute 
regarding horses that the driver of a motor vehicle is 
not bound to stop the engine unless it appears that the 
horse is actually being frightened. But in New York 
the driver of the motor car must stop on signal whether 
or not the horse is actually afraid. Conversely, it may 
be said that in every jurisdiction where the horse does 
appear to be actually frightened by the engine, it is the 
motorist’s duty to stop it. 

In Kentucky it has been held that where a restive horse 
is frightened by an automobile, it is the duty of the 
motorist to stop and to take such other steps for the 
safety of the driver of the horse “as ordinary prudence 


10 


Road Rules and the 


might suggest.” Such would likely be held to be the 
rule in all states as between the two drivers in an action 
for damages. 

§ 9. Pedestrians 

A pedestrian and a motor car have equal rights in 
the highway. The pedestrian is not, as is so often as¬ 
sumed by motorists, restricted to the use of cross-walks. 
Being unprotected the pedestrian will usually hasten to 
get out of the way, even though he has the legal right to 
hold his ground. This has perhaps led many motorists 
to assume that it is the pedestrian’s business to keep 
out of the way. When the pedestrian’s rights are not 
respected by the motorists, the courts are inclined to 
view the cases seriously. 

Example: In New Jersey it was held that a pedestrian 
standing in the roadway conversing with a friend who 
had stopped his wagon to talk, when struck by an auto¬ 
mobile, was not guilty of contributory negligence. “He 
was lawfully there,” said the court, “and any person 
using the highway was bound to take notice of him.” 

In New York it is provided by statute that upon 
approaching a pedestrian who is upon the traveled part 
of any highway, and not upon a sidewalk, a motorist 
must slow down and give a timely warning with his bell, 
horn or other signaling device. 

When approaching a street car which has stopped to 
give passengers a chance to get off or on, due care requires 
that a motorist shall slow down. In New York, it is 
a misdemeanor not to do so, or not to stop completely 
if necessary for the safety of the public. 

The pedestrian himself must, of course, always use 
reasonable care to avoid accident. 


Law of Automobiles 


11 


§ io. Standing Vehicles 

Owners of vehicles have the right to let them stand on 
the highway for a reasonable time, provided they are so 
located as not unduly to interfere with the use of the 
road by others. It is unlawful for another to run into 
such a standing vehicle. On the other hand, the owner 
of any kind of standing vehicle must be careful that no 
injury result to others from it. If a vehicle is left in 
the highway at night, due care would seem to require 
ordinarily that it be lighted in such a way as to make it 
easily visible to other persons using the highway, and 
that the brakes, if any, be applied. 

§ ii. Status of Guest 

A person riding in an automobile who has nothing to 
say as to its operation and no control as to where or how 
it shall be run, is not responsible for the operator’s acts. 
On the other hand, where an automobile owner invites 
another person to ride and then drives with such gross 
lack of care that the guest is injured, the guest having no 
ability to influence the method of driving, it is probable 
that the guest may hold his host responsible. One, by 
accepting an invitation to ride, could hardly be said to 
waive his right to protection for personal injury. 

§ 12. Public Parks 

Motor vehicles operating properly on highways may 
lawfully be debarred from public parks, provided all 
vehicles of the same class are so barred; for example, 
heavy trucks, or cars with chains on the tires, or cars 
emitting noxious smells. Such matters are subject to 


12 


Road Rules and the 


regulation by local ordinance. In New York City no 
motor vehicle which “emits from the exhaust or muffler 
thereof offensive quantities of smoke or gas or diasgree- 
able odors” may lawfully be operated in the public parks. 

§ 13. Special Road Rules in Cities 

In large cities the heaviness of the traffic has commonly 
made necessary further rules for the conduct of vehicles 
on the public streets. In such cities the local ordinances 
usually codify the general rules of the road and make 
such other requirements as the local needs seem to make 
necessary. 

For instance, in New York City , there are the following 
provisions: 

1. A driver before turning a corner, or before turning 
out from or starting from the curb line or stopping 
at the curb line of any street, must first see that there 
is sufficient space free from other vehicles so that the 
turn may be safely made, and must then “give a 
plainly visible or audible signal.” The signal in com¬ 
mon use is a holding out of the hand. In slowing up 
or stopping a signal of the hand raised vertically must 
always be given to those behind. 

2. A vehicle crossing from one side of the street 
to another shall do so by turning to the left, so as to 
head in the same direction as the traffic on that side 
of the street. 

3. No vehicle shall stop with its left side to the 
curb. 

4. Except in emergencies or to allow other vehicles 
to cross its path, no vehicle shall stop except close to the 
curb line, and no stop shall be made in such a way as 


Law of Automobiles 


13 


to obstruct a crossing, nor within the intersection of 
any street, nor within ten feet of any street corner. 

5. Vehicles going north or south have right of way 
over vehicles going east or west. 

6. Vehicles moving slowly shall keep as close as 
possible to the curb on the right, so as to allow faster 
moving vehicles free passage to the left. 

§ 14. Speed 

The speed at which a motor vehicle may be lawfully 
propelled is regulated entirely by statute, the driver’s 
only duty by common law, or custom, being to use 
reasonable care (see § 1 above). 

Until recently the states left the regulation of speed to 
the authorities of the various communities; so that in 
an afternoon’s journey a motorist might pass under the 
jurisdiction of many different speed laws, without know¬ 
ing when the law changed or what it was in any particular 
place. Some of the local ordinances were calculated more 
for the trapping of unwary motorists and for the increase 
of the local public treasury than for the protection of 
the public. 

Of late, however, the legislatures have been taking 
from the local authorities the general power to regulate 
the speed of motor vehicles. For instance, the last motor 
vehicle law of Connecticut (1909) provides that no city, 
town or borough shall have power to make any ordinance, 
respecting the speed of motor vehicles, except that local 
authorities may regulate such things as street parades 
and the uses of public parks. 


14 


Road Rules and the 


(a) Speed in New York 

i. In the State of New York. Outside of cities and in¬ 
corporated villages, the only requirement is that speed 
must not be unreasonable; but proof of a rate of speed 
in excess of thirty miles an hour maintained for a dis¬ 
tance of one fourth of a mile is presumptive evidence of 
driving at a rate not careful and prudent. 

Cities of the first class, ( i . e., having a population of 
over 175,000) may make their own speed laws. Such 
cities, according to the census of 1910, are New York 
(4,766,883), Buffalo (423,715) and Rochester (218,149). 
But other cities and incorporated villages cannot limit 
the speed of motor vehicles to less than fifteen miles 
an hour, and they can do that only when they shall have 
placed conspicuously on each main public highway where 
the city or village line crosses it, and on every main 
highway where the rate of speed changes, signs of suf¬ 
ficient size to be easily read by a person using the high¬ 
way, and bearing the words “City of—,” or “Incor¬ 
porated Village of —,” “Slow down to — miles” (the 
rate being inserted), and also an arrow pointing in the 
direction where the speed is to be reduced or changed. 

Where a limit of speed is established by a city not of 
the first class, or by an incorporated village, proof of a 
greater rate of speed maintained for one-eighth of a mile 
is presumptive evidence of driving at a rate which is 
not careful and prudent. The punishment prescribed 
by such a city or incorporated village for violation of 
such a local ordinance cannot lawfully exceed a fine of 
$100. 

In the state of New York therefore, outside of cities 
of 175,000 inhabitants, a motorist may drive at any 


Law of Automobiles 


15 


speed he chooses, so long as he uses reasonable care; 
except that in smaller cities and in incorporated villages, 
if signs are properly posted the lawful speed may be 
limited to not less than fifteen miles an hour. If in the 
country no signs are posted, the motorist may safely 
assume that he is not within the jurisdiction of a valid 
local ordinance; and signs stating that the lawful speed 
is less than fifteen miles an hour are erroneous. 

Speed in parks may, in all cases, properly be regulated 
by local ordinances, even in the smaller cities and in¬ 
corporated villages, parks being the property of the muni¬ 
cipalities and not of the state. Signs showing the speed 
limits are usually posted. 

2. In the City of New York. In New York City the 
speed limit prescribed by ordinance is eight miles an 
hour, except that in the portions of the city not built 
up, where the buildings are at least one hundred feet 
apart, a speed of fifteen miles an hour is permitted. 
However, it is prescribed that no vehicle shall cross any 
street or avenue running north and south, or make any 
turn, at a speed rate exceeding one-half its legal speed 
limit. That is, in the built up portions of the city the 
lawful rate of speed in turning corners or crossing north 
and south streets is four miles an hour, and in portions 
of the city not built up is seven and one-half miles an 
hour. 

In addition, it is a misdemeanor to drive any vehicle 
at a speed “greater than reasonable and proper, having 
regard to the traffic and use of the highways, or so as to 
endanger the life or limb of any person.” 

(b) Speed in New Jersey 

In New Jersey the legislature has prescribed the fol- 


16 


Road Rules and the 


lowing rates of speed for motor vehicles, which may be 
maintained, but which may not lawfully be exceeded: 

1. On sharp curves or turning a corner, one mile in 
seven minutes. 

2. On junctions or intersections of “prominent” 
cross-roads, where houses are on an average of more 
than a hundred feet apart, fifteen miles an hour. 

3. Where the houses are on an average of less than 
one hundred feet apart, twelve miles an hour. 

4. Within two hundred feet of any horse, or other 
beast of burden or draft, upon the same street or high¬ 
way, fifteen miles an hour, except that in the open 
country a speed not exceeding twenty-five miles an hour 
is lawful where necessary to pass a vehicle going in the 
same direction, where such speed will not otherwise be 
in conflict with the law. 

5. Elsewhere, a speed of twenty-five miles an hour 
is permissible, provided reasonable care is used. 

Violation of the New Jersey speed laws is punishable 
for a first offense by a fine not exceeding $100 and in 
default of payment imprisonment for a period not to 
exceed ten days; and for a second offense by $200 fine 
or imprisonment for not more than twenty days, to¬ 
gether with a revocation of the offender’s license. 

(c) Speed in Connecticut 

In Connecticut there is no rate of speed of a motor 
vehicle absolutely unlawful, but it is by statute unlawful 
to drive at a greater speed than is reasonable and proper, 
having regard to the width, traffic and use of the high¬ 
way, or so as to endanger the life or limb of any person. 

If anywhere in Connecticut the rate of speed of a motor 
vehicle exceeds twenty-five miles an hour for more than 


Law of Automobiles 


17 


one-eighth of a mile, that rate is prima facie evidence 
that the driver is proceeding at a rate not reasonable 
and proper. 

The statute further provides that “if the rate of speed 
of a motor vehicle, excepting within the limits of an 
incorporated city,” where the operator’s view of the road 
and traffic is obstructed when approaching a crossing or 
intersecting highway, or when traversing a bridge, sharp 
turn, steep descent or curve, exceeds ten miles an hour, 
such rate shall be prima facie evidence that the person 
operating the car is driving at a speed greater than is 
reasonable and proper. When passing a street car which 
has stopped or is about to stop, on the side where pas¬ 
sengers ordinarily get on and off, a speed greater than 
three miles an hour is prima facie unreasonable. 

Violations of the Connecticut speed laws are punish¬ 
able by a fine of $500, or imprisonment for one year, or 
both; and any person driving while intoxicated, or on a 
bet, or in a race, or to make a record, may be similarly 
punished. 

(1 d ) Speed in Massachusetts 

In Massachusetts no particular rate of speed is unlawful 
if it is reasonable. But inside the thickly settled part 
of a city or town a rate of speed exceeding fifteen miles 
an hour is prima facie unreasonable. Outside the thickly 
settled parts a rate exceeding twenty miles an hour is 
presumptively unreasonable. And on any highway 
where the chauffeur’s view of the road traffic is obstructed, 
either upon approaching an intersecting way, or in tra¬ 
versing a crossing or intersection of roads, or on a curve 
or corner, a rate exceeding eight miles an hour is prima 
facie unreasonable. 

2 


18 


Road Rules and the 


Driving in Massachusetts at an unreasonable rate is 
punishable for a first offense by a fine of not less than $10 
nor more than $25; for a second offense by a fine of not less 
than $25 nor more than $50, and for subsequent offenses 
committed during any period of twelve months, not less 
than $50 nor more than $100. Upon the third convic¬ 
tion in the same calendar year the license of the convicted 
person must be revoked and no new license shall be 
issued for at least thirty days and then only at the dis¬ 
cretion of the state highway commission. 

For other speed laws see Appendix B. 

§ 15. Driving by Intoxicated Person 

The driving of a motor car by a person intoxicated is 
commonly a serious offense. In New York,i or example, 
a first offense is a misdemeanor punishable by a maximum 
fine of $500, or by imprisonment for not more than two 
years or both, and a second offense is a felony punishable 
by imprisonment for not less than one year nor more 
than five, the offender’s license to be revoked upon recom¬ 
mendation of the trial judge, to be renewed only in the 
discretion of the Secretary of State. 

§ 16. Duty in Case of Accident 

So many motorists involved in accidents have fled 
from the scene thereof to avoid consequences, that doing 
so is coming to be made generally a crime. 

In New York it is provided by statute that any person 
operating a motor vehicle who, knowing that injury has 
been caused to a person or to property, due either to the 
operator’s culpability or to accident, leaves the place 


Law of Automobiles 


19 


of injury or accident without stopping and giving his 
name, residence (including street and number), and 
operator’s license number to the injured party, or to a 
police officer, or in case no police officer is in the vicinity, 
then reporting the same to the nearest police station or 
judicial officer—is guilty of a felony, and punishable by 
a fine of not more than $500 or by imprisonment for a 
term not exceeding two years, or by both; and a second 
offense is a felony punishable by imprisonment for a term 
of not less than one year nor more than five years. 
Further, the offender’s license shall on recommendation 
of the trial judge be revoked, to be renewed only in the 
discretion of the Secretary of State. 

In New Jersey where the driver of a motor vehicle 
has knowingly caused an accident by collision, or has 
otherwise knowingly injured any person, horse or vehicle, 
must return to the scene of the accident and give to any 
person demanding them his name, the number of his 
driver’s license, the registration number of the motor 
vehicle and the names and residences of each male occu¬ 
pant of the car. 

In Massachusetts a driver who ‘'knowingly goes away 
without stopping and making himself known after causing 
injury to any person or property,” may be fined two 
hundred dollars or imprisoned six months, or both. 


CHAPTER II 


THE EQUIPMENT OF AUTOMOBILES 
§ 17. In General 

The law imposes upon the driver of every vehicle the 
duty of seeing that his conveyance is so equipped as not 
to be nor to become dangerous to others. As applied 
before the use of motor vehicles, it meant that one’s 
harness, shafts, bolts, etc., had to be of such a character 
and in such condition that they would not break and 
cause collisions. 

As applied to motor vehicles, the law makes it the duty 
of every driver to see that his machine is inspected from 
time to time so that it contains no defect such as would 
make it a menace to the safety of others. Hidden de¬ 
fects, of course, it could not reasonably be expected of the 
motorist to find. But an operator will be held respon¬ 
sible for damages caused as a result of any defect that a 
reasonable inspection would show. 

Further, motor vehicle laws generally require all auto¬ 
mobiles to be equipped with certain prescribed para¬ 
phernalia, and make it a misdemeanor for any person 
to drive a car not so equipped. Such paraphernalia 
usually include lights, signalling devices, license or regis¬ 
tration numbers, brakes, etc. 

For the particular equipment of automobiles required 
in the several states and the eastern provinces of Canada, 
see Appendix B. 


20 


Law of Automobiles 


21 


§ 18. Responsibility of Driver 

If a car not equipped according to law is operated on 
the highways, the driver is the person whom the law 
makes responsible, since an improperly equipped car is 
dangerous only while in operation on the public streets. 
The driver cannot escape responsibility by contending 
that he did not know the legal requirements, or did not 
know that the particular car was not legally equipped, 
since the law makes it the driver’s business to know those 
things. 


§ 19. Responsibility of Owner 

It not being a crime to own an improperly equipped 
car, an owner cannot be held responsible for illegal equip¬ 
ment unless he happens to be driving. If he is driving, 
however, he cannot avoid responsibility by showing that 
he left such matters to the chauffeur or to the manu¬ 
facturer or garage keeper. 

§ 20. Responsibility of Manufacturer 

A manufacturer cannot be penalized for selling a car 
not equipped with all the paraphernalia required by law. 
Nor can a driver convicted of operating a car with illegal 
equipment look to the manufacturer or salesman for 
redress. The duty of maintaining the necessary para¬ 
phernalia is on the driver. 

A question of the manufacturer’s liability may arise, 
however, where the manufacturer has sold a machine 
having in it latent defects. If the manufacturer actually 
knew that the machine contained a concealed danger 
to persons using it with ordinary care, he would be liable 


22 


Road Rules 


to such a user for damages resulting. If, however, the 
manufacturer himself knew of no defect, it is doubtful 
if he could be held liable for damages, even though a 
careful inspection would probably have revealed the 
defect—automobiles not being regarded by the law as 
instruments inherently dangerous. 


CHAPTER III 


REGISTRATION OF MOTOR VEHICLES 
§ 21. In General 

The states in their supervision of the highways may 
properly require that no automobiles shall be operated 
on the public streets without first being duly registered 
and licensed. Each jurisdiction has its peculiar system, 
the requirements of which must be conformed to by 
resident motorists. Registration under such laws is, 
moreover, personal and not transferable. 

§ 22. Registration of Motor Vehicles in New York 

In New York the registration of motor vehicles is in 
charge of the Secretary of State, Albany, N. Y. Resident 
owners must make application for registration of their 
cars on blanks furnished by the Secretary, and the appli¬ 
cations must be sworn to. The information required 
includes a description of the motor vehicle, including the 
name of the manufacturer and factory number, the char¬ 
acter and amount of motive power, stated in figures of 
horse power in accordance with the rating established 
by the Association of Licensed Automobile Manufac¬ 
turers; the name, residence (including the county) and 
business address, of the owner. 

In New York motor cycles are not classed as motor 
vehicles, motor vehicles being defined as ‘ Vehicles pro¬ 
pelled by any power other than muscular power, except 

23 


24 


Road Rules and the 


motor bicycles, motor cycles, traction engines, road 
rollers, fire wagons and engines, police patrol wagons, 
ambulances and such vehicles as run only upon rails or 
tracks.” 

The registration fees in New York are $5 for cars of 
25 horse power or less; $10 for cars of more than 25 but 
less than 35 horse power; $15 for cars of more than 35 
but less than 50 horse power; $25 for a car of 50 horse 
power or more. For vehicles to be used solely for com¬ 
mercial purposes, however, the registration fee is but $5; 
and when a car has been registered and the fees paid for 
four separate years, the annual registration fees are re¬ 
duced one-half. These fees are, except in cases of manu¬ 
facturers and of vehicles used solely for commercial pur¬ 
poses, in lieu of all taxes on the motor vehicles. 1 

Upon the filing of the application and payment of the 
fee, the Secretary of State assigns to the vehicle a dis¬ 
tinctive number, and, without expense to the applicant, 
gives him a certificate of registration and two number 
plates, which in case of loss or mutilation can be dupli¬ 
cated for $1. The certificate is authority to the motorist 
to use the public highways. 

All registrations expire on January 31st of each year. 

When a registered car changes ownership, the vendor 
must immediately inform the Secretary of State, giving 
the vendee’s name and address; whereupon the Secretary 
of State will send to the vendee a blank to be filled out 
and sworn to, to be filed in the Secretary’s office. The 
fee charged is $1, to be paid by the vendee. 

The purchaser of a car from a manufacturer may 
operate the car for fifteen days after taking possession, 

x One-half these fees only are required on registrations applied for 
prior to January 31, 1911. 


Law of Automobiles 


25 


or until he receives his certificate of registration, pro¬ 
vided application for registration shall previously be 
made, and provided that the dealer’s registration number 
remains attached. 

Manufacturers and dealers, instead of having each 
car registered separately, are allowed a general distinc¬ 
tive number for all the motor vehicles owned or controlled 
by any manufacturer or dealer. The fee is $15, and the 
letter M must be displayed in addition to the registra¬ 
tion number. This does not apply, however, to cars 
operated for private use or for hire. 

§ 23. Registration of Motor Vehicles in New Jersey 

In New Jersey , the Assistant Secretary of State is ex 
officio commissioner of motor vehicles, having personal 
charge and supervision of the enforcement of the motor 
vehicle law. 

Registration of an automobile may be made by filing 
with the Commissioner a written statement containing 
the owner’s name and address, with a brief description 
of the character of automobile, including the rated horse 
power, the maker’s name and the manufacturer’s number. 
The fee is $3 for cars of 10 horse power or less; $5 for 
cars of 11 to 29 horse power, and $10 for cars of 30 horse 
power or more. 

The Commissioner, upon proper application, issues a 
certificate of registration and license. He has discretion 
to decline to register any car not complying with the 
law or which is in his opinion unsuitable for use on the 
highways. 

The license fee for motor cycles is $2 a year. 

Manufacturers and dealers may obtain one certificate 


26 


Road Rules and the 


to cover not more than five automobiles, the fee being 
$5 a year for each car, and the letter “M” to be displayed 
in addition to the registration number. 

Every registration expires on December 31st of each 
year, but it is lawful to operate any duly registered auto¬ 
mobile thirty-one days after the expiration of the cer¬ 
tificate. 

Upon a transfer of title to a registered automobile, 
the registration becomes void, but is renewed by indorse¬ 
ment of the certificate by the Commissioner of Motor 
Vehicles, the purchaser having made written application 
therefor and having paid a transfer fee of $1. 

§ 24. Registration of Motor Vehicles in Connecticut 

In Connecticut , the registration and licensing of a car 
is accomplished in the same manner as in New York and 
New Jersey , the application being made to the Secretary 
of State upon blanks furnished by him. 

The law provides that the registration certificate shall 
at all times be carried upon such motor vehicle and shall 
be subject to examination upon demand by any proper 
officer. 

The registration fee is sixty cents per horse power for 
motor vehicles of 25 horse power or more, and fifty cents 
per horse power for those under 25 horse power; except 
that special rates are made for motor cycles, commerical 
vehicles and manufacturers’ and dealers’ vehicles. Per¬ 
sons not filing their applications before July 1st are en¬ 
titled to a pro rata rebate. 

All registrations expire December 31st of each year. 
Upon transfer of ownership of any motor vehicle, its 
registration expires, and it is the duty of the person in 


27 


LawJof Automobiles 

whose name the vehicle is registered to return the certifi¬ 
cate to the Secretary of State with a notice of the date 
of transfer and the name and address of the new owner. 

§ 25. Motor Vehicles of Non-Residents 

Automobile legislation is still so young that in regard 
to it the various states have not yet come to that degree 
of comity where one who has his car duly registered in 
his home state can without becoming a law-breaker, use 
the highways of all other states with his automobile with¬ 
out obtaining a license. 

For instance, in New Jersey , non-residents, before they 
can lawfully use the highways with motor vehicles, must 
regularly apply to the Commissioner of Motor Vehicles 
for registration, and must, in addition, appoint the Secre¬ 
tary of State his attorney upon whom may be served 
papers in any legal proceeding growing out of the opera¬ 
tion of the non-resident’s automobile. If, however, the 
non-resident is duly registered in his home state or terri¬ 
tory the Commissioner of Motor Vehicles may upon 
formal application and payment of $1 license fee, issue 
a license which shall be valid for any eight days or for 
four periods of two days each, during the balance of the 
calendar year. But only one such license will be issued 
to the owner of any motor vehicle in any one year. 

By the New York law, reciprocity is extended to a 
non-resident whose car is duly registered in his home 
state and the registration numbers are properly dis¬ 
played. New York's registration requirements are waived 
as to the non-resident in the same extent that the laws 
of his own state grant a similar privilege to residents 
of New York. 


28 


Road Rules and the 


This does not mean that New York will grant to 
residents of other states the identical courtesies that 
those states extend to citizens of New York. It is the 
registration only that is waived, wholly or in a limited 
way. New York does not, for instance, issue temporary 
licenses. So that a resident of New Jersey wishing to 
motor in New York , must be regularly registered in 
New York the same as any New York citizen, even 
though the laws of New Jersey give to residents of New 
York the privilege of a temporary license—since New 
Jersey requires every New York car to be duly registered 
before using the New Jersey highways. 

The laws of Connecticut illustrate another form of 
restriction. A non-resident’s car duly registered in his 
home state, may be operated in Connecticut “not exceed¬ 
ing ten days in any one year” without registration. If 
the owner is convicted of violating the speed laws, how¬ 
ever, the privilege is withdrawn. 

Some states, as for instance Maine , give use of their 
highways, without restriction, to a non-resident whose 
car is properly registered at home, provided that the 
registration number of the home state is shown on front 
and back. 

The provisions of the other states as to registration 
requirements are shown in Appendix A. 

In those states granting reciprocity to non-residents, 
the practical enforcement of the laws is such that motor¬ 
ists are actually little concerned about the registration 
requirements, and come and go as they please. No 
record is kept of the entrance or exit of non-residents, 
so that the reciprocal time limits are actually not alto¬ 
gether respected. 


Law of Automobiles 


29 


A motorist not observing the law in regard to registra¬ 
tion is nevertheless liable to punishment if apprehended. 
And the fact that one was driving unlawfully would not 
only militate against him if he were liable for damages 
arising from an accident, but would likely defeat his 
own recovery for damages from defective highways. 

§ 26. Motorists Must Obey Local Laws 

Every state, county and community has jurisdiction 
over such acts of persons within its borders as affect 
public safety, and the motorist must obey the laws of the 
community where he is. Exemption from registration 
requirements furnishes no exemption from full obedience 
to the local laws in all other respects. 

§ 27. Revocation of Registration and License 

The motor vehicle laws of nearly all states provide 
that the registrations and licenses of cars shall be revoked 
when the owners are convicted of certain offenses. For 
instance, in New York the registration of any person 
convicted of driving while in an intoxicated condition 
will be revoked on recommendation of the trial court. 
The states have the right to revoke registrations, and 
the motorist has often to suffer that penalty for violations 
of the law. 

Many states extending courtesies to non-residents pro¬ 
vide in their motor vehicle laws that infractions of the 
rules against fast driving must be penalized by forfeiture 
of the courtesies extended. 

One’s registration or license is not affected by the loss 
of one’s certificate or other evidence of the registration. 
In case of such loss application for a duplicate certificate 
should be made promptly to the officer from whom the 
original was obtained. 


CHAPTER IV 


WHO MAY LAWFULLY OPERATE MOTOR 
VEHICLES ON PUBLIC HIGHWAYS 

§ 28. In General 

The registration of a motor vehicle by its owner does 
not always give the owner the right to operate it on the 
public highways. Some states require any person who 
wishes to operate a car to take out an operator’s license. 

Motor vehicle legislation being comparatively young, 
the requirements of the states are not as uniform in this 
respect as in the general requirements for registration of 
cars. 

For instance, in New York there is no restriction upon 
the owner’s right to drive his car, although chauffeurs or 
persons who drive “as employees or for hire’’ cannot 
lawfully operate motor vehicles without being duly li¬ 
censed. And as far as the statute requires, there seems 
to be no limitation upon persons driving in New York 
who do not do it “as employees or for hire.” In some 
other states no unlicensed persons may lawfully drive 
except under certain limitations, as, for instance, while 
learning to operate, being accompanied by a licensed 
operator. 

Wherever operators’ licenses are issued, it is generally 
the duty of any person driving and having such a license 
to carry it with him and to exhibit it to any peace officer 
who may demand to see it. 


30 


Law of Automobiles 


31 


§ 29. Age of Operator 

The states are coming now to provide that persons 
below certain ages may not lawfully drive a motor car, 
except under certain limitations. 

In New York , for example, driving by a person under 
eighteen is a misdemeanor, unless the person is accom¬ 
panied by a duly licensed chauffeur or the owner of the 
vehicle being operated. 

In New Jersey no person under sixteen may lawfully 
be licensed. 

In Connecticut and Massachusetts no person under 
sixteen can lawfully operate a machine. 

As the motor vehicle laws become more comprehensive, 
statutory provisions of this sort are more numerous and 
more stringent. 

§ 30. Chauffeur’s License in New York 

By the New York motor vehicle law a chauffeur is 
any person operating a motor vehicle as an employee or 
for hire. Chauffeurs must be examined and licensed as 
indicated in the first section of this chapter, before they 
can lawfully drive motor vehicles on the highways. 
Their annual fee for license is $5. 

Applications for license must be made upon blanks 
furnished by the Secretary of State, and must be accom¬ 
panied by the applicant’s photograph. To each licensed 
chauffeur is issued a distinctive number, with a metal 
badge, which must be worn pinned to the clothing in a 
conspicuous place at all times while the chauffeur is oper¬ 
ating a car. 

A non-resident chauffeur who has registered under pro - 


32 


Road Rules and the 


visions of the law of his home jurisdiction is exempt from 
license requirements in New York , provided the laws of 
his home jurisdiction are substantially equivalent to the 
New York requirements, and provided he shall display 
his foreign badge in the same manner as required of 
resident chauffeurs. 

Whether the law of the foreign state was substantially 
similar to the New York law could be determined only 
by the Court in a proceeding which would test the chauf¬ 
feur’s right to drive in New York. If the court held 
the foreign statute not substantially equivalent, the chauf¬ 
feur could not lawfully drive in New York without a 
New York license. 

Licenses must be renewed annually, the renewal to take 
effect February 1st in each year. 

§ 31. Operator’s License in New Jersey 

In New Jersey no person may lawfully drive a motor 
vehicle in highways without being duly licensed by the 
Commissioner of Motor Vehicles, except that a beginner 
may obtain from that Commissioner a fifteen day per¬ 
mit which will allow him to drive while accompanied 
by and under control of a duly licensed New Jersey 
operator. No person is licensed without being subjected 
to an examination which includes, besides a practical 
demonstration, a knowledge of automobile mechanics as 
applied to the type of machine which the applicant 
desires to operate. 

Automobiles are rated according to their horse power, 
and the licenses specify the height of horse power which 
the licensee may lawfully operate. The annual fee is 
$1 for operators of cars less than 30 horse power and $2 
or cars of 30 horse power and above. 


Law of Automobiles 


33 


§ 32. Operators License in Connecticut 

In Connecticut a license is necessary to lawful operation 
of a motor vehicle by any person, except that one sixteen 
years or over may lawfully drive a motor vehicle when 
accompanied by a duly licensed operator. 

Licenses are issued by the Secretary of State, and 
applications must be made upon blanks furnished by 
him. The annual fee is $2. The license must be carried 
by the licensee while operating, and held ready for the 
inspection of peace officers. 

§ 33. Status of Non-Residents as to Operators’ Licenses 

In general it may be said that the same courtesies 
are extended to non-residents as regards operating cars, 
as in the cases of exemption from registration require¬ 
ments. Sometimes, however, this will be an indirect 
result, as in Connecticut , where the law provides that 
non-resident owners shall be exempted ten days from the 
requirements of registration and of the licensing of opera¬ 
tors, but does not mention chauffeurs. The owner, 
however, would under his exemption be a duly qualified 
operator in Connecticut , in whose presence an unlicensed 
person doubtless might lawfully drive. 

§ 34. Revocation of Operator’s License 

Operators’ licenses are commonly revocable for any 
serious misconduct. 

In New York , for instance, upon a third or subsequent 
conviction of a chauffeur for violation of the speed laws, 
his license shall, upon recommendation of the trial court, 
3 


34 


Road Rules 


be revoked, and no new license shall be issued him for 
at least six months, and even then only in the discretion 
of the Secretary of State. 

In Connecticut the Secretary of State may suspend the 
license without a hearing, and may revoke it in his dis¬ 
cretion after a hearing, for any cause he may deem suf¬ 
ficient. 

In New Jersey the magistrates have authority to re¬ 
voke licenses of any operators when, in the magistrate’s 
opinion, the operator has been guilty of such willful viola¬ 
tion of the motor vehicle law as warrants a penalty of 
such revocation. 


CHAPTER V 


EMPLOYER AND CHAUFFEUR 
§ 35* Operation of the Car 

The owner of an automobile is liable for any act of his 
chauffeur done within the scope of the employment. If 
a chauffeur, while acting in the exercise of his employer’s 
orders, negligently causes injury to a third person, even 
though the particular act the chauffeur was engaged in 
was not actually necessary to proper performance of his 
duty, the employer is liable to the person injured, for 
damages. 

Example: Where an owner told his chauffeur to go 
downstairs in the hotel for oil, and instead he ran the car 
to a garage, colliding negligently with a wagon on the 
way, the owner was liable for the resulting damage. 

§ 36 . When Chauffeur is Acting within Scope of 

Employment 

Whether the chauffeur is at a given time acting within 
the scope of his employment, depends upon the particular 
facts of each case. In general the chauffeur is employed 
to operate and drive his employer’s car only at such 
times and to such places as designated by his employer 
personally, or by his employer’s agent, and otherwise he 
is not acting for his employer. 

Thus, if the chauffeur is driving for his own pleasure 
and business, even with the owner’s consent, the owner 
35 


36 


Road Rules and the 


is not responsible for negligent conduct of the chauffeur 
in such driving. So that an owner who loans his car to 
his chauffeur or to any other person who knows how to 
operate it, is himself not liable for the act of the person 
to whom the car is loaned. Or if the chauffeur has become 
for the time being the servant of another in the operation 
of the car, and does the driving at that other’s direction, 
his original employer is not liable for his negligence. 

A father is not liable for his child’s negligent acts unless 
they are rendered while the child is also acting as the 
parent’s servant. 

Illustrations of Responsibility in Case of Accident 

Where a chauffeur was directed to drive the automobile 
to a hotel, but instead went a mile down the road in an 
opposite direction to make a call, then injured a person 
on the way to the hotel after the call, it was held that 
the chauffeur was on his own business, and the owner 
was not liable. 

Where a son took his father’s automobile from the 
garage without the father’s knowledge, and gave a young 
woman a ride, the father was held not liable for the re¬ 
sults of the son’s negligent driving. 

Where the owner’s brother had control of the auto¬ 
mobile and employed a chauffeur to run it, the owner was 
held not liable for the chauffeur’s negligent act. 

Where ah owner allowed his chauffeur to take the car 
“to go up to Harlem’’ and the chauffeur took some of his 
friends riding, the owner was held not liable for the negli¬ 
gent running down of another person. 

In general, it may be said that the test of the em¬ 
ployer’s liability is whether the chauffeur at the time of 


Law of Automobiles 


37 


the accident was driving by direction of the employer 
or of his authorized agent. If not, the owner cannot be 
held liable. 

The chauffeur is, of course, always liable for damages 
resulting from his own negligence. 

A passenger in a taxicab does not employ the chauffeur 
in such sense as to make him a servant. Accordingly 
the passenger is not liable for the chauffeur’s negligent 
acts. However, if the passenger employs the chauffeur 
to violate the speed laws, the passenger is equally guilty 
with the chauffeur. 

§ 37 . Chauffeur’s Authority to Purchase Supplies 

An employer who authorizes his chauffer to purchase 
supplies for the car is, of course, liable for the value of 
the goods. It would seem also, that wherever the em¬ 
ployer has ordered the chauffeur to make a journey, in¬ 
cidental supplies purchased by him which were reason¬ 
ably necessary for the trip might be charged to the 
master and the price collected. However, the chauffeur 
has no other implied authority to order repairs, and he 
very clearly has no authority to order permanent repairs 
or improvements on the employer’s credit. 

However, where a course of dealing has been indulged 
in by which the chauffeur has been accustomed to order 
whatever he thought necessary for the car as though he 
were the owner, and the owner has paid the bills, the 
chauffeur’s authority is undoubtedly broadened consider¬ 
ably by that custom of dealing and where the employer 
has held the chauffeur out as purchasing agent, even 
though there was no explicit authority, the employer 
would be estopped from denying the chauffeur’s authority. 


38 


Road Rules 


§ 38. Commissions to Chauffeur 

In New York state any person who is authorized to 
procure supplies for his employer, either by purchase or 
contract, and who receives directly or indirectly a com¬ 
mission, discount or bonus from the seller or contractor, 
is guilty of a misdemeanor. The person giving or offering 
the commission, discount or bonus is also equally guilty, 
and both, upon conviction, may be fined $500 and im¬ 
prisoned for one year, and must be fined at least $10. 

It has been held that where a seller paid secret com¬ 
missions to the purchaser’s agent, the seller cannot re¬ 
cover for the price of the goods sold. 

§ 39. Unauthorized Use of Car by Chauffeur 

In New York , any chauffeur or other person who, with¬ 
out the consent of the owner shall take, or cause to be 
taken, from a garage, stable, or other building or place* 
an automobile or motor vehicle, and operate or drive or 
cause the same to be operated or driven for his own 
profit, use or purpose, is guilty of larceny and punishable 
accordingly. 


CHAPTER VI 


RELATIONS OF AUTOMOBILE OWNER WITH 
GARAGE KEEPER AND REPAIR MAN 

§ 40. In General 

The great majority of automobilists keep their ma¬ 
chines in public garages, the garage keeper being usually 
a repair man. Friction not infrequently results between 
the garage keeper and the owner, or between the repair 
man and the owner, and it is important to all of these 
persons that they know generally their rights and lia¬ 
bilities in their relations. 

§ 41. Garage Keeper’s Rights 

The relation between the owner and the garage keeper 
is called in law that of bailor and bailee, a definite legal 
status giving each party certain rights and liabilities. 
If the parties agree upon a price that is to be paid for 
the storage, the garage keeper is, of course, entitled to 
that price. If there is no agreement, the garage keeper 
can recover from the owner the reasonable value of the 
storage. 

The reasonable value would depend upon the location 
of the garage—that is, whether it was located in a section 
where the garage keeper has himself to pay high rent— 
and the general conditions of the storage, viz., whether 
the car was kept easily accessible so that the owner could 
get it quickly, etc. The reasonable value would be 
39 


40 


Road Rules and the 


established in court by the testimony of persons familiar 
with the prices usually charged for similar storage in or 
near the same community. 

The garage keeper has a lien on the car for his storage 
charges. But at common law a lien of this sort depends 
upon continued possession, terminating with the sur¬ 
render of the article bailed; so that in absence of statute 
if a garage keeper allows a car to be taken from his 
garage, his lien terminates, although, of course, the debt 
remains. 

The lien law of New York has now been so amended 
that a garage keeper by letting a motor vehicle go out 
of his possession does not lose his lien; and he has a lien 
on the machine not only for storage but for any repairing 
he may have done or supplies he may have furnished 
for it. The law now gives him the right to “detain such 
motor vehicle at any time it may be lawfully in his pos¬ 
session until the sum due is paid.” 

This does not mean (as has sometimes been supposed) 
that the garage keeper may go into the street and seize 
an automobile upon which he has a lien, even though the 
owner may have left it unattended in the highway; for 
it is not then lawfully in the garage keeper’s possession. 
Once the garage keeper allows the car to go out, he cannot 
again detain it until it has been put into the garage- 
keeper’s charge by the owner or with his consent. 

If the garage keeper wishes to enforce his lien and get 
possession of the machine while it is out of his possession, 
he must pursue the regular legal process of bringing an 
action in which a warrant to seize the chattel may be 
issued by the court. 

If the debt is not paid, a lien may be enforced by fol¬ 
lowing the legal requirements necessary. 


Law of Automobiles 


41 


§ 42. Liabilities of Garage Keeper 

The garage keeper is bound to exercise reasonable care 
and prudence in keeping the machine safely, and must 
furnish accommodations that are reasonably safe, both 
for the machine itself and for the entry and egress of the 
owner. Any failure on the part of the garage keeper to 
use due care, resulting in injury to the machine, is a 
breach of the contract on the garage keeper’s part, and 
he is liable to the owner for any injuries sustained. 

The garage keeper is also liable for the loss of any of 
the accoutrements of the car while in his possession; and 
it has even been held that he was liable for the loss of a 
rug from a locker which he furnished. He is not, how¬ 
ever, liable for the destruction of a car by fire, unless he 
has failed to use due care. 

§ 43. Rights and Liabilities of Repair Man 

The rights of the repair man under the lien law are the 
same as those of the garage keeper, explained in the 
preceding section. But whereas the charges for storage 
and for supplies furnished are usually either fixed by 
agreement or are standard, the value of the repair man’s 
work is frequently the subject of dispute and often the 
cause of litigation. 

If a repair man claims a lien on a car and refuses to 
surrender it, when the owner denies the existence of the 
lien, claiming, for instance, that there was no work done, 
or that it is paid for, or that it was not well done or not 
done according to agreement, the owner may bring an 
action in replevin for the recovery of the car, and have 
it seized by legal process. In that action the court will 
determine the rights of the respective parties. 


42 


Road Rules 


Where there is no special agreement as to the amount 
of charges for repairs, the repair man must make his 
charges reasonable; that is, he must not charge more 
than the time, skill and materials put into the job are 
worth. The owner of a car is not legally bound to pay 
more than a reasonable fee. 

The repair man may lawfully run an automobile left 
with him for repairs in order to ascertain what repairs 
are necessary, or to ascertain whether repairs made are 
effective. But he cannot lawfully use the machine for 
his own purposes, or permit its use by others for their 
purposes. 

In case of any difference between owner and either 
garage keeper or repair man that cannot be amicably 
adjusted, neither party should neglect to secure and be 
guided by competent legal advice based upon the facts 
of his particular case. 


CHAPTER VII 


CRIMES OF AUTOMOBILISTS, AND WHAT TO 
DO IN CASE OF ARREST 

§ 44. In General 

Most of the arrests of automobile drivers are on charges 
of violating the laws against fast driving; and although 
in general automobilists are law-abiding citizens, so dif¬ 
ficult is it to keep always within the speed limits that it 
has been said that hardly a car goes out of a garage with¬ 
out the driver becoming somewhere on the trip a law¬ 
breaker. Even though considerable latitude is usually 
allowed by the officers of the law in permitting motorists 
to go faster than the legal limit, still the periodical spells 
of fairly strict enforcement of the law come with suf¬ 
ficient frequency to make it the part of discretion for 
drivers always to be careful. 

Nearly all infractions of motor vehicle laws are mis¬ 
demeanors. Misdemeanors are crimes, and differ from 
felonies only in the character of the punishment inflicted. 
In New York the maximum punishment for any misde¬ 
meanor is a fine of $500 and imprisonment in a peni¬ 
tentiary for one year. For the lesser crimes a lesser 
maximum is prescribed. For felonies the punishment may 
be much more severe, including confinement in a state’s 
prison. 

The common felonies of which a motorist may be 
guilty are, driving while in an intoxicated condition after 
one conviction for that offense, fleeing from the scene of 
43 


44 


Road Rules and the 


an accident without making oneself known (see § 16), 
assault and manslaughter. 

The legal procedure in cases of all crimes is much the 
same, the only substantial difference being that in the 
usual course misdemeanors are disposed of in the inferior 
courts, without juries, while the felonies are attended to 
by the courts of unlimited jurisdiction, with juries. 

§ 45. The Arrest 

It is not necessary for an officer to have a warrant in 
order to make a legal arrest for a crime committed in his 
presence. Indeed in some jurisdictions, as for example, 
New York, a private citizen has the right to arrest a 
person committing a crime in his presence—which gives 
any citizen the power to arrest an offender whom he 
sees violating the motor vehicle law. This privilege of 
the citizen is however not generally known and not fre¬ 
quently exercised. 

A person making an arrest has no right to use more 
force than is necessary to effect the arrest. Any excess 
renders the person using it liable for assault. 

§ 46. Admissions 

Anything said by an accused person at the time of his 
arrest may later be used against him in court. For that 
reason it is usually considered excellent advice to a person 
accused of law-breaking to make no statement to the 
officer, or to anybody other than his own advisers, except 
to put in the necessary plea, or at the trial, acting under 
advice. Many a guileless automobilist has effected his 
own conviction by protesting that he was not going more 


Law of Automobiles 


45 


than fifteen miles an hour, and then learning that the 
speed limit in force at the place of his arrest was, say, 
eight miles an hour. 

It is advisable for the accused motorist to remember 
that the prosecution must prove its case beyond a reason¬ 
able doubt, and that the person accused cannot be made 
to testify against himself. 

§ 47. Proceedings Immediately Following Arrest 

A person arrested is required by law to be taken forth¬ 
with before the nearest magistrate, or, if a magistrate 
is not available, before the nearest other official having 
authority to admit to bail. 

If the accused is taken before a magistrate, he is en¬ 
titled to an immediate hearing in case it can conveniently 
be had. The prisoner is asked whether he pleads guilty 
or not guilty. If the plea is guilty and the magistrate 
has jurisdiction to pass upon offenses of the character 
charged, disposition of the matter will ordinarily be made 
immediately. If the plea is not guilty and a hearing is 
not then had, it is the duty of the magistrate to admit 
the defendant to bail, pending examination or trial. If 
a hearing is had and the magistrate finds he has not 
jurisdiction, he must hold the defendant to answer before 
a court of competent jurisdiction. 

If the accused is not taken before a magistrate but 
before an inferior officer, the latter’s only function, if he 
has the power, is to admit to bail pending appearance be¬ 
fore a magistrate. 

§ 48. Bail 

Bail consists of an undertaking that the defendant will 
appear as required for examination or trial. The inde- 


46 


Road Rules and the 


pendent undertaking of a surety company of approved 
standing is usually pronounced sufficient. If the under¬ 
taking is that of the defendant himself, it must be secured 
by approved sureties, by cash or an equivalent allowed 
by law. In New York state, for instance, it is permitted 
in cases of motor vehicle law violations that the owner 
may leave his car as security. Officers admitting to bail 
have also been known to accept as the equivalent of cash 
other things such as jewelry of unquestioned value. 

Bail must be in a definite amount, not exceeding a 
certain sum. Within the legal limits the amount de¬ 
manded may vary according to the gravity of the offense 
charged. The amount must not be excessive, and it is 
common for statutes to limit the amount. For instance, 
in New York , for a misdemeanor, the usual crime of 
violation of the motor vehicle law, the bail may not ex¬ 
ceed $100. For felonies, however, such as knowingly 
fleeing from the scene of an accident where injury has 
been caused, without giving one’s name, address, etc., 
the bail must be not less than $1000. 

An ingenious method of having bail always handy has 
been put into practice by some of the large surety com¬ 
panies. To the automobilist who is its customer, the 
surety company issues its power of attorney, authorizing 
the motorist to execute and deliver in the name of the 
company such bail bonds as may be required from time 
to time by any magistrate or other officer authorized to 
accept bail. With such a power of attorney in his pocket, 
an operator is saved the necessity of carrying sufficient 
cash bail to release him in case of arrest, and can avoid 
the inconvenience so frequently attendant upon pro¬ 
ducing proper sureties. 

After the disposition of the case, any money or goods 


Law of Automobiles 


47 


deposited as security for bail, is returned to the defend¬ 
ant, upon an order issued by the court. 


§ 49. Special Provision in Lieu of Arrest in New York City 

In New York City persons of good character and satis¬ 
factory identification may obtain from the Police Depart¬ 
ment, upon filing an application accompanied by two 
photographs of the applicant, an identification card upon 
which will be mounted one of the motorist’s photographs. 
The bearer of such an identification card may not law¬ 
fully be arrested in the city of New York for any violation 
of the motor vehicle law or of any ordinance except where 
persons “are unable to take care of themselves or are 
charged with conduct tending to a breach of the peace.” 

In case a person bearing such a card is apprehended 
by an officer and charged with a violation of an ordinance 
or of the motor vehicle law, subject to the limitation 
above stated, the officer will, upon production of the 
card, take the name and address of the accused and 
thereupon serve upon him a summons requiring him to 
appear at a certain time and place before a magistrate’s 
court. The summons must be returnable not more than 
48 hours after it is issued. 

If a person receiving such a summons fails to obey it, 
he is liable to a fine of $25 for contempt of court, in 
addition to punishment for the offense, if proved, for 
which he was originally apprehended. 

Persons not residing in New York City may secure 
such identification cards, although the cards are not, 
of course, serviceable outside the New York City 
limits. 


48 


Road Rules and the 


§ 50. Defense of Speed Cases 

Where the arrest is for violation of the speed laws and 
there was an undoubted infraction, most motorists deem 
it the part of wisdom to plead guilty, show any mitigating 
circumstances that may have attended the violation, and 
escape with as low a fine as possible. 

However, there is frequently a fair question as to the 
defendant’s guilt, making a definite issue for trial. Where 
a defense is made by a person accused, the prosecution’s 
case is usually made out by the officer who effected the 
arrest; and such officers may often upon cross-examina¬ 
tion be proved to be so inaccurate as to make their 
evidence incredible. 

Among the particular matters that should be subjected 
to analysis are these: 

(a) If the officer swears that the machine went a given 
distance in a given time, was he merely estimating or 
guessing at the distance, or had he measured it himself? 
If he had measured it, was his measuring done with ac¬ 
curate apparatus? The fact that some one told him the 
distance was such-and-such does not make legal proof. 

(b) Is the officer’s stop watch accurate? This may 
be ascertained by comparison with other stop watches. 

(c) If the time was taken from a standing position by 
the officer, was not the distance covered shorter than that 
testified to, for the reason that the officer’s line of vision 
was not at right angles to the highway, but diagonal? 

(d) Is the officer’s eyesight sufficiently good to have 
enabled him to time the car as testified? This point 
may be especially pertinent in cases of arrest for speeding 
at night. 


Law of Automobiles 


49 


( e) If the arrest was made by a bicycle policeman, who 
claims to have overtaken the car while it was going at a 
high rate of speed, is he able to ride that fast, particularly 
in the locality where the arrest was made? 

(/) Can the officer swear positively and honestly that 
the person accused in court was the driver of the car? 
The officer’s attention is usually not at all on the person 
driving, but on the speed of the car. It by no means 
conclusively follows that the person at the wheel at the 
time of the arrest is the one who drove the car when the 
officer was taking the time. 

(g) If the vehicle was not timed, but was merely ob¬ 
served, has the person testifying had sufficient experience 
in making such observations to judge with accuracy? 
What are the facts upon which he bases his opinion? 

The prosecution must make out its case beyond a 
reasonable doubt, proving not only that the car was pro¬ 
pelled at an unlawful rate, but that the person accused is 
the one who did the driving. It is not necessary for 
the defendant to testify or introduce any evidence. 

Accordingly, testimony which shows merely that a car 
bearing the defendant’s registration number was going 
at an illegal rate is not sufficient for a conviction. 

Negligent driving is not necessarily criminal. It is 
only when the motorist is proceeding with wanton reck¬ 
lessness and gross lack of care that criminal charges for 
assault may be entertained. In such a case substantially 
the only inquiry is whether the accused was driving care¬ 
fully. 

Where the accused was driving with gross lack of care, 
the fact that a person struck may not himself have been 
4 


50 


Road Rules 


using due care is not a defense, although it may, of course, 
have a mitigating effect. 

§ 51. Guilt of Passenger 

Proof that the owner of a car was riding in it when the 
chauffeur was driving at an unlawful rate, has been held 
to establish prima facie that the owner having power to 
control the machine either knew, directed or allowed it 
to be illegally run, and is himself guilty of a crime. The 
same ruling would apply to one who hires a taxicab driver 
to violate the law. 

As to a passenger having no power to control or direct 
the movement of the car, it could not be said that he 
was a party to the crime. 

§ 52. Ignorance of the Law No Excuse 

Ignorance of the law is never an excuse for breaking 
it. This applies to local ordinances as well as to statutes 
and the common law, local ordinances being as much law 
in the locality to which they apply as any other statutory 
enactment. Every man is presumed to know the law 
of the community in which he at any given time happens 
to be. 


CHAPTER VIII 


RIGHTS OF MOTOR VEHICLES ON FERRIES 
AND VESSELS 

§ 53. On Navigable Waters 

Navigable waters and transportation thereon are under 
the control of the federal government. The United 
States statutes at one time forbade passenger vessels 
carrying explosives except under certain stringent con¬ 
ditions. But the law has now been amended so that 
nothing in it prevents the transportation by steam vessels 
of gasolene or any of the products of petroleum in auto¬ 
mobiles using it as a source of motive power, provided 
that all fire in the vehicles, if any, be extinguished im¬ 
mediately after the embarkation, and not be relighted 
until immediately before leaving the vessel. 

However, any person having charge of passenger steam 
vessels may lawfully refuse to transport automobiles 
which have gasolene, naptha or other dangerous burning 
fluids in their tanks, and many passenger steamship lines 
decline to transport motor cars until all the gasolene or 
other explosive fluid is completely removed. 


51 


CHAPTER IX 


AUTOMOBILE INSURANCE 
§ 54. In General 

Automobile owners can obtain insurance on their cars 
which will, in one policy, cover loss from: 

1. Damage by fire from whatever cause, including self¬ 
ignition, explosion and lightning. 

2. Damage resulting while the car is on board a railroad 
car, caused by derailment of the car, or collision of the 
railroad car with another railroad car. 

3. Damage resulting while the car is on board a 
steamer, caused by stranding, sinking, burning or col¬ 
lision with another vessel. 

4. Damage from theft of parts of the car or of the 
whole car by persons other than those in the employment, 
service or household of the insured. 

By accident policies an owner can be insured against 
loss through: 

(a) Damage to his own car in collision. 

(b) Damage which he is required to pay for injuries 
to another person or damage to another’s property in¬ 
jured in collision with his car. 

The general experience is that the best results are ob¬ 
tained by insurance against loss from collision with 
strictly accident companies, and against fire by insurance 
with fire insurance companies. The accident policies 

52 


Law of Automobiles 


53 


usually provide that the insurer shall have the option of 
defending any suit brought against the insured by a 
person injured. 

The rates usually run about 2 to 4 per cent, a year on 
the amount of the insurance, according to the age, value 
and horse power of the automobile. 

§ 55. Notice to Insurance Company 

A matter of prime importance to one who has been 
insured is to give prompt notice to the insurance company 
of loss or damage when it has occurred. It is common for 
policies to contain provisions that such notice must be 
immediate. In such cases any unreasonable delay will 
terminate the insured’s right to collect any insurance. 
The insured should not neglect to make himself familiar 
with the provisions of his policy not only in this respect, 
but in regard as well to the other matters contained 
therein, and conform to them strictly. 












APPENDIX A 


RECIPROCAL LAWS AFFECTING NON¬ 
RESIDENTS 

Registration and Licensing of Non-Residents’ Motor 
Vehicles and of Non-Resident Chauffeurs 

(See § 25 ante.) 

ALABAMA 

No mention is made of non-residents in the motor vehicle 
law, which requires owners to register cars in the office of the 
Probate Judge of the county of the owner's residence. No 
driver’s license required. 


ARIZONA 

No general motor vehicle law. 

ARKANSAS 

No general motor vehicle law. 

CALIFORNIA 

Cars of non-residents temporarily within the state are exempt 
from registration requirements, provided the cars are properly 
registered in their home jurisdiction and display the home regis¬ 
tration number on the rear. There is no special provision for 
the exemption of non-resident chauffeurs. 

COLORADO 


No registration requirements. 

55 



56 


Road Rules and the 


CONNECTICUT 

See § 25 ante. Chauffeur exempt ten days. 

DELAWARE 

A non-resident is granted the same exemptions as are granted 
to citizens of Delaware by the laws of the state in which the non¬ 
resident lives. 


DISTRICT OF COLUMBIA 

Non-residents exempt, provided registered in home state and 
home registration number displayed. The police, however, are 
directed by law to require the registration with the Secretary of 
the Automobile Board, of cars of non-residents, within 24 hours 
after arrival in the District of Columbia, this registration to 
warrant operation of the vehicle in the District of Columbia 
for not more than ten days. Not more than three registration 
numbers shall be displayed. Temporary permits are granted 
to chauffeurs. 

FLORIDA 

Non-resident owners are exempt from registration require¬ 
ments 30 days. No exemption is provided for chauffeurs, 
although no examination is necessary. 

GEORGIA 

Motor-cycles of non-residents are exempted but no mention 
of automobiles is made by the statute. No driver’s license 
necessary. 

IDAHO 

No general motor vehicle law. 

ILLINOIS 

Full exemption is granted to cars of non-residents who have 
complied with any registration laws of their own state and who 
display their home registration number, with initial of the home 


Law of Automobiles 


57 


state thereon. Non-resident chauffeurs not specifically exempt 
from registration. 

INDIANA 

Non-resident cars properly registered in the home states are 
exempted, provided a registration number showing the initial 
of the home state is displayed. No driver’s license required. 

IOWA 

Non-residents’ cars need not be registered provided they are 
properly registered at home and the home registration number 
showing the initial of the state of registration is displayed. No 
driver’s license is required. 


KANSAS 

No state registration law. 

KENTUCKY 

No state registration law. 

LOUISIANA 

No general motor vehicle law. 

MAINE 

See § 25 ante. Chauffeurs licensed in another state are exempt. 

MARYLAND 

Cars of non-residents duly licensed at home are exempt for 
not exceeding two periods of seven consecutive days in any cal¬ 
endar year, provided the non-resident obtains from the Commis¬ 
sioner of Motor Vehicles, and displays on the rear of his vehicle, 
a tag or marker. The Governor of the state has authority to 
extend full reciprocity to non-residents. Violation of the Mary¬ 
land laws as to safe driving forfeits the privilege. There is no 
specific exemption for non-resident chauffeurs. 


58 


Road Rules and the 


MASSACHUSETTS 

A ten days’ exemption from registration requirements is granted 
to cars of non-residents, provided the cars are properly registered 
in a state or country granting similar privileges to residents of 
Massachusetts. The registration number of the home state 
must be displayed. Operators of cars of non-residents are also 
exempt for ten days, provided they may legally operate cars in 
their home states. 

MICHIGAN 

Cars of non-residents are exempt (except of corporations 
doing business within the state), provided the owner shall have 
complied with the laws of his own state and shall display its 
registration number and provided also that the non-resident’s 
home state extends similar privileges to residents of Michigan. 
Non-resident chauffeurs are also exempt from registration pro¬ 
vided they are registered at home under a motor vehicle law 
substantially similar to that of Michigan, and which extends 
similar courtesies to Michigan chauffeurs. The home badge 
must be displayed. 

MINNESOTA 

Cars of non-residents temporarily within the state are exempt 
provided there is conspicuously displayed a number and tag 
which shall make the car and place from which it comes easily 
identified. Chauffeurs duly licensed in another state are also 
exempted from registration provided the badge of the home state 
is displayed. 

MISSISSIPPI 

No general motor vehicle law. 

MISSOURI 

Non-residents’ cars are exempt 20 days, provided home law 
complied with and home badge displayed. Non-resident chauf- 


Law of Automobiles 


59 


feurs duly licensed in their home state are exempt 20 days, but 
may drive only cars duly registered in some jurisdiction. 

MONTANA 

No registration requirements. 

NEBRASKA 

Cars of non-residents which are duly registered at home are 
exempt. The home numbers must be displayed. No operator’s 
license is required. 

NEVADA 

No general motor vehicle law. 

NEW HAMPSHIRE 

Non-residents’ cars properly licensed at home are exempt from 
registration requirements for ten days. Chauffeurs licensed 
elsewhere are exempt, subject to revocation of such suspension 
by the Secretary of State, for cause. 

NEW JERSEY 

See § 25 ante. Operator’s license necessary. See § 31 ante. 

NEW MEXICO 

No general motor vehicle law. 

NEW YORK 

See § 25 and § 30 ante. 

NORTH CAROLINA 

A non-resident passing through need not register. No time 
limit set. No driver’s license required. 

NORTH DAKOTA 

No registration requirements. 


60 


Road Rules and the 


OHIO 

Cars of non-residents are exempted from registration, provided 
the motor vehicle law of the non-resident’s home state is sub¬ 
stantially similar to the Ohio statute, and has been complied 
with. Chauffeurs also exempt if properly registered at home 
and displays his badge. 


OKLAHOMA 

No general motor vehicle law. 

OREGON 

Non-residents’ cars exempt, provided properly registered 
at home and the registration number showing initial of home 
state displayed. No driver’s license required. 

PENNSYLVANIA 

To residents of states which extend similar privilege to resi¬ 
dents of Pennsylvania an exemption of ten days from registra¬ 
tion is given, provided the non-resident has complied with the 
laws of his own state and displays number tags indicating his 
home state and his registry number therein. Non-resident 
chauffeurs are not exempt. 

RHODE ISLAND 

Rhode Island exempts for ten days non-residents’ cars duly 
registered in the home state, provided the home registration 
numbers and none other are displayed. After ten days’ use in 
any one year of a motor car not registered in Rhode Island, full 
registration must be made. The chauffeur is exempt if accom¬ 
panied by owner. 

SOUTH CAROLINA 

No state registration provisions. Registration of cars made 
with county clerks of counties of owner’s residence. 


Law of Automobiles 


61 


SOUTH DAKOTA 

Cars duly licensed at home and displaying the home number 
are exempt. No driver’s license required. 

TENNESSEE 

No special provision as to non-residents. No driver’s license 
required. 

TEXAS 

No special provision as to non-residents. No driver’s license 
required. 

UTAH 

Cars of non-residents temporarily within the state are exempt, 
provided the cars are registered at home, and the home registra¬ 
tion number is displayed, showing the initial letter of the state 
or territory. Chauffeurs are not specificially exempted from 
registration requirements. 

VERMONT 

Vermont grants a full exemption for ten days to cars of non¬ 
residents duly licensed at home, provided the non-resident’s 
home state grants similar courtesy. After ten days a license 
fee must be paid, and after sixty days operation a full license 
must be obtained. Chauffeurs may operate without license if 
accompanied by the owner during the exemption period, or 
when accompanied by a duly licensed operator. 

VIRGINIA 

Non-residents’ automobiles duly registered at home are exempt 
for not exceeding two periods of seven consecutive days in any 
calendar year, provided the owner obtains from the Commis¬ 
sioner of Motor Vehicles a tag or marker, and displays the same 
on the rear of the vehicle. The Governor of the state has power 
to extend full reciprocity to non-residents. There is no exemp¬ 
tion of non-resident chauffeurs. 


62 


Road Rules 


WASHINGTON 

Non-residents’ cars duly registered at home and displaying 
the home number are exempt. No driver’s license is required. 

WEST VIRGINIA 

No exemptions, either of owners or of operators, are provided 
for. 

WISCONSIN 

Non-residents’ cars are exempt if duly registered at home and 
the home numbers are displayed on the rear. No operator’s 
license is necessary. 

WYOMING 

No general motor vehicle law. 

CANADA 
Nova Scotia 

Non-residents’ cars are exempt, provided the laws of the 
home province or state have been complied with. Chauffeurs 
are also exempt. 

New Brunswick 

Non-residents’ cars are exempt if properly registered in home 
state or province. Chauffeurs are also exempt. 

Quebec 

Only cars of Canadians are exempt. 

Ontario 

There is no exemption in favor of non-residents. 

Prince Edward Island 

No automobiles are allowed. 


APPENDIX B 


SPEED AND EQUIPMENT REGULATIONS 

Speed Limits, and Statutory Provisions as to Registration, 
Lights and General Equipment, in the Several 
States and Canada 

ALABAMA 

Registration: Probate Judge of county of owner’s residence. 

Driver's License: None required. 

Lights: No provision. 

Equipment: “Suitable appliances to lessen noxious odors, di¬ 
minish noise and bring such vehicle to a quick stop.’’ 

Speeds: 8 miles throughout state; 4 miles on dams or causeways 
less than 20 feet wide. 

ARIZONA 

No general motor vehicle law. 

ARKANSAS 

No general motor vehicle law. 

CALIFORNIA 

Registration: Secretary of State, Sacramento. 

Driver's License: Necessary for chauffeurs but not for owners. 

Lights: 2 white in front with numbers thereon 1 inch high; 
1 red in rear. 

Equipment: Brakes and signaling device. Numbers, not sup¬ 
plied by state. 

Speeds: 10 miles in built up districts; 15 miles elsewhere in 
cities and villages; 4 miles on bridges, dams, curves and steep 
descents. 


63 


64 


Road Rules and the 


COLORADO 

No provisions. 

CONNECTICUT 

Registration: Secretary of State, Hartford. 

Driver's License: Required of owners as well as of chauffeurs. 

Lights: 2 white front, i red rear. 

Equipment: On cars more than io h. p., two separate brakes, 
one operated by feet, and one of which shall act directly on 
driving wheels or on connecting parts of them. Engine must 
be muffled in cities and boroughs, and throughout state at 
any time between 9 p. m. and 6 a. m. Bell, horn or whistle. 

Speeds: See § 14 c, ante. 


DELAWARE 

Registration: Secretary of State, Dover. 

Driver's License: Required of both owner and chauffeur. 

Lights: One or more white in front; one red rear. 

Equipment: Bell or horn, brakes. Chains prohibited on ma¬ 
cadam roads except when covered by 1 inch of ice or snow. 

Speeds: 12 miles in built up sections; 20 miles elsewhere, both 
speeds to be reduced on curves, at crossroads and on steep 
hills. 


DISTRICT OF COLUMBIA 

Registration: Automobile Board, Washington. 

Driver's License: Required both for owner and chauffeur. 

Lights: Two shining in front, one on each side of the machine. 
One at the rear which shall illuminate the machine number 
and show red at the rear. Dazzling lights are prohibited. 

Equipment: A muffler such as is sufficient to prevent unnecessary, 
intense or prolonged noise is necessary, and it must not be 
cut out in any park or public grounds or built up section, nor 
as a signal. 


Law of Automobiles 


65 


Speeds: In fire limits 12 miles between intersecting streets and 
avenues; 15 miles in parks; 8 miles in crossing streets; 6 miles 
around corners; 4 miles in certain specified portions of Wash¬ 
ington. Outside fire limits, 20 miles. 

FLORIDA 

Registration: Secretary of State, Tallahassee. 

Driver's License: Required of chauffeur but not of owner. 

Lights: Two lamps. 

Equipment: Bell, horn or whistle. 

Speeds: Proper and reasonable. 4 miles on sharp curves, bridges, 
fills and crossings. 

GEORGIA 

Registration: Secretary of State, Augusta. 

Driver's License: None required. 

Lights: At least one white in front. One red in rear. 

Equipment: No special provisions. 

Speed: Reasonable and proper. On sharp curves, intersecting 
highways, railroad crossings, bridges, dams, high embank¬ 
ments and descents, 4 miles. 

IDAHO 

No general motor vehicle law. 

ILLINOIS 

Registration: Secretary of State, Springfield. 

Driver's License: None required by owner. Necessary for chauf¬ 
feur. 

Lights: Two white in front, one red in rear. 

Equipment: Sufficient brakes and a signaling device. 

Speeds: Reasonable and proper. Prima facie unreasonable, 
greater than: 10 miles for pi mile in business portions; 15 
miles for pi mile in residence portions of cities or villages; 
20 miles for % mile outside cities or villages; 6 miles on curves 
where view is obstructed. 


66 


Road Rules and the 


INDIANA 

Registration: Secretary of State, Indianapolis. 

Driver's License: None required. 

Lights: “Lighted lamps after dark.” 

Equipment: Signalling device. 

Speeds: 8 miles in business and closely built up portions; 15 
miles elsewhere in municipalities; 20 miles outside munici¬ 
palities. 

IOWA 

Registration: Secretary of State, Des Moines. 

Driver's License: None required. 

Lights: One or more white in front; red in rear. 

Equipment: Brakes and signaling device. 

Speeds: In closely built up portions of towns or villages 10 miles; 
elsewhere in cities, towns or villages 15 miles; outside munici¬ 
palities 20 miles. 

KANSAS 

Registration: Secretary of State, Topeka. 

Driver's License: None required. 

Lights: One or more, white light, visible in front. 

Equipment: Good and sufficient brakes; signaling device. 

Speeds: 6 miles on bridges, curves, descents, etc.; 10 miles in 
built up sections; 20 miles elsewhere. 

KENTUCKY 

Registration: No state law; see local authorities. 

Driver's License: None required. 

Lights: 1 white front, 1 red rear. 

Equipment: Brakes and signaling device. 

Speeds: 15 miles generally, 6 miles on curves, bridges and de¬ 
scents. 

LOUISIANA 

No general motor vehicle law. 


Law of Automobiles 


67 


MAINE 

Registration: Secretary of State, Augusta. 

Driver's License: Required of all operators. 

Lights: “A lighted lamp.” 

Equipment: Signaling device. 

Speeds: 8 miles in built up sections, unless local ordinances 
permit greater speed; 15 miles elsewhere. Bridges at walking 
speed (about 4 miles). 

Note: In some sections of the state automobiles are prohibited, 
among the towns being Eden, Mt. Desert and Tremont. 

MARYLAND 

Registration: Commissioner of Motor Vehicles, Baltimore. 

Driver's License: Required of all operators. 

Lights: 2 white front, 1 red rear. 

Equipment: Sufficient brakes and a signaling device. 

Speeds: 6 miles on sharp curves and intersections of prominent 
crossroads in open country; 6 miles in built up portions, 
except of communities having 16,000 inhabitants or over; 
elsewhere 12 miles. 

MASSACHUSETTS 

Registration: Massachusetts Highway Commission, 15 Ashbur¬ 
ton Place, Boston. 

Driver's License: Required of all operators, including owner. 

Lights: 2 white front, I red rear. 

Equipment: On cars of more than 10 h. p., two brakes, separated 
from each other, powerful in action, one of which shall act 
on the driving wheels or on parts of the mechanism firmly 
connected with such wheels, one brake to be operated with 
foot power, and each alone sufficient to stop the vehicle within 
a proper distance. 

Muffler suitable to prevent unnecessary noise. 


5 


68 


Road Rules and the 


Massachusetts continued. 

A lock, a rachet brake which can be set, a key or other con¬ 
trivance to prevent such vehicle from being set in motion by 
unauthorized persons. 

Speeds: See § 14 d, ante. 


MICHIGAN 

Registration: Secretary of State, Lansing. 

Driver's License: None required by owner; necessary for chauf¬ 
feur. 

Lights: 2 white front; 1 red rear. 

Equipment: Brakes and signaling device. Non-skidding de¬ 
vices, chains on tires partly of metal are forbidden except 
when highways are wet or covered with snow. 

Speeds: 10 miles in built up sections; 15 miles elsewhere in 
cities and towns; 25 miles in open country. 

MINNESOTA 

Registration: Secretary of State, St. Paul. 

Driver's License: Required only of chauffeurs. 

Lights: 2 white front, 1 rear illuminating plate and showing a 
red light from the rear. 

Equipment: Gasoline cars must have mufflers, which must not 
be disconnected within the limits of any city or village. 
Brakes and signaling device. 

Speed: 7.5 miles over bridges, on curves and down hills; else¬ 
where 25 miles. 

MISSISSIPPI 

No general motor vehicle law. 

MISSOURI 

Registration: Secretary of State, Jefferson City. 

Driver's License: Required only of chauffeurs. 


Law of Automobiles 


69 


Lights: 2 white front, i red rear. 

Equipment: Suitable brakes; signaling device. 

Speeds: 6 miles on corners and intersections; 8 miles in business 
portions; 15 miles in country. 

MONTANA 

Registration: No state requirement. 

Driver's License: None required. 

Lights: No state requirement. 

Equipment: No state requirement. 

Speeds: 8 miles in built up portions; 20 miles elsewhere. 

NEBRASKA 

Registration: Secretary of State, Lincoln. 

Driver's License: None required. 

Lights: 1 white front, 1 red rear. 

Equipment: Brakes and signaling device. 

Speeds: 10 miles built up sections; 15 miles elsewhere in cities 
or towns; 20 miles elsewhere. 

NEVADA 

No general motor vehicle law. 

NEW HAMPSHIRE 

Registration: Secretary of State, Concord. 

Driver's License: Required both of owners and chauffeurs. 
Lights: Lighted lamps upon the faces of which shall be dis¬ 
played the distinguishing number of the machine in legible 
figures of not less than 1 inch in height. 

Equipment: Adequate brake, muffler not to be cut out in built 
up sections; signaling device. 

Speeds: Outside built up portions 25 miles; in built up portions 
10 miles. 


70 


Road Rules and the 


NEW JERSEY 

Registration: Commissioner of Motor Vehicles, Trenton, or agent 
in locality. (New York agent at Automobile Club of America, 
New York City.) 

Driver's License: Required both of owner and chauffeur. 

Lights: 2 white front; i red rear. 

Equipment: Signal trumpet; on cars of more than io h. p. 2 
brakes, one a foot brake, and one working on the drive wheels 
or allied mechanism. 

Devices to prevent excessive noise, and escaping gas or 
steam as well as falling out of embers or residue from fuel. 
Exhaust pipes must be directed parallel to ground or slightly 
upward. Chains are forbidden on gravel or macadam roads 
unless the roads are covered by at least an inch of ice or snow. 

Speeds: See § 14 b, ante. 

NEW MEXICO 

No general motor vehicle law. 

NEW YORK 

Registration: Secretary of State, Albany. 

Driver's License: Required of chauffeurs only. 

Lights: 2 white front, 1 rear which shall illuminate the number 
plate and show red. 

Equipment: Adequate brakes; signaling device. 

Speeds: See § 14 a, ante. 

NORTH CAROLINA 

Registration: Secretary of State, Raleigh. 

Driver's License: None required. 

Lights: 2 white front, 1 red rear. 

Equipment: No special provision. 

Speeds: 8 miles in business parts of cities and towns, 12 miles 
in other parts; 25 miles outside; 5 miles on dams, bridges, 
intersections and curves. 


V 


Law of Automobiles 71 

NORTH DAKOTA 

Registration: No state provision. 

Driver's License: None required. 

Lights: 2 white front. 

Equipment: Mufflers to be used in cities, towns and villages 
and in meeting animal drawn vehicles. 

Speeds: 8 miles in cities or villages; 25 miles in open country. 

OHIO 

Registration: Secretary of State, Columbus. 

Driver's License: None required except for chauffeur. 

Lights: 2 white front, 1 red rear. 

Equipment: Brakes; signaling device. 

Speed: 8 miles in business sections; 15 miles in other portions 
of cities or villages; 20 miles elsewhere. 

OKLAHOMA 

No general motor vehicle law. 

OREGON 

Registration: Secretary of State, Salem. 

Driver's License: None required. 

Lights: 1 white front, numbers thereon; 1 red rear. 

Equipment: Mufflers, not to be disconnected in cities or villages; 
brakes; signaling device. 

Speeds: 8 miles in built up portions; 24 miles outside. 4 miles 
on crosswalks on which pedestrians are. 

PENNSYLVANIA 

Registration: State Highway Department, Harrisburg. 

Driver's License: Required both of owner and chauffeur. 

Lights: 2 white front, 1 red rear. 

Equipment: Brakes, signaling device. 

Speeds: 12 miles cities and villages; 20 miles open country. 


72 


Road Rules and the 


RHODE ISLAND 

Registration: State Board of Public Roads, Providence. 

Driver's License: Required of all operators. 

Lights: i white front, i red rear. 

Equipment: Brakes; muffler; lock and key which must be used 
when machine is left unattended in a public place; signaling 
device. Chains not allowed on gravel, macadam or other 
made roads, except natural dirt, cobble, Belgian block, or 
brick pavements, except when necessary for safety in case of 
slippery roads. 

Speeds: 15 miles in built up sections; 25 miles elsewhere. 

SOUTH CAROLINA 

Registration: Clerk of county of owner’s residence. 

Driver's License: None necessary. 

Lights: 1 white front, 1 red rear. 

Equipment: Brakes, signaling device. 

Speeds: 6 miles intersections, bridges, curves, descents; 15 miles 
elsewhere. 

SOUTH DAKOTA 

Registration: Secretary of State, Pierre. 

Driver's License: None required. 

Lights: 1 white front; 1 red rear with numbers thereon 1 inch 
high. 

Equipment: Brakes, signaling device. 

Speeds: 10 miles built up sections of cities or towns; elsewhere 
in municipalities 15 miles; outside 20 miles. 

TENNESSEE 

Registration: Secretary of State, Nashville. 

Driver's License: None required. 

Lights: No provision. 

Equipment: No provision. 

Speeds: 20 miles. Lower rates may be prescribed by local 
authorities. 


Law of Automobiles 


73 


TEXAS 

Registration: Clerk of county of owner’s residence. 

Driver's License: None necessary. 

Lights: i white. 

Equipment: Signaling device. 

Speeds: 8 miles in cities, towns or villages; 18 outside. 

UTAH 

Registration: Secretary of State, Salt Lake City. 

Driver's License: Required only of chauffeurs. 

Lights: 2 white front, i red rear. 

Equipment: sufficient brakes; signaling device. 

Speeds: io miles in closely built sections; 15 in cities, etc., 
outside closely built sections; 20 miles elsewhere; 6 miles on 
curves, bridges, etc. 


VERMONT 

Registration: Secretary of State, Montpelier. 

Driver's License: Required of all operators. 

Lights: 2 white front with numbers thereon; 1 red rear. 

Equipment: Muffler, brake, signaling device. 

Speeds: Excess of 10 miles in built up sections of cities or villages 
or crossing a bridge of 50 feet span or more, and 25 miles 
elsewhere, is prima facie evidence of careless and illegal driving. 
Local regulations allowed. 

VIRGINIA 

Registration: Secretary of the Commonwealth, Richmond. 

Driver's License: None required. 

Lights: 1 white front, 1 red rear. 

Equipment: No special provision. 

Speeds: 8 miles curves, crossroads, built up portions; 15 miles 
elsewhere. 


74 


Road Rules and the 


WASHINGTON 

Registration: Secretary of State, Olympia. 

Driver's License: None necessary. 

Lights: i white front with numbers; I red rear. 

Equipment: Brakes, signaling device, muffler which shall not 
be disconnected inside cities or villages. 

Speeds: 12 miles built up portions; 24 miles elsewhere; 4 miles 
on crosswalks if anyone crossing. 

WEST VIRGINIA 

Registration: State Auditor, Charleston. 

Driver's License: None required. 

Lights: No provision. 

Equipment: No provision. 

Speeds: No state provision. Regulated by local authorities. 

WISCONSIN 

Registration: Secretary of State, Madison. 

Driver's License: None required. 

Lights: 1 white front. 

Equipment: No special provision. 

Speeds: 12 miles corporate limits of cities or villages; 25 miles 
outside. 

WYOMING 

No general motor vehicle law. 

CANADA 
Nova Scotia 

Registration: Provincial Secretary, Halifax. 

Driver's License: Required only of chauffeurs. 

Lights: 1 white front with numbers 1 inch high. 

Speeds: 7^ miles in built up sections, 12 miles elsewhere in 
cities and towns; 15 miles in open country; 4 miles on bridges, 
curves, descents and crossings. 


Law of Automobiles 


75 


New Brunswick 

Registration: Secretary of Public Works, Fredericton. 

Driver's License: None required by owner. 

Lights: i white front with numbers, i inch high. 

Speeds: 7^5 miles in built up sections; 12 miles elsewhere in 
cities or towns; 15 miles in open country; 4 miles on bridges, 
curves, descents and crossings. 

Quebec 

Registration: Comptroller of Provincial Revenue, Quebec. 

Driver's License: Required of all operators. 

Lights: 2 white front with numbers one inch high; no swivel 
searchlight allowed. 

Speeds: 9 miles in cities or villages; 15 miles elsewhere. 

Ontario 

Registration: Provincial Secretary, Ontario. 

Driver's License: Required of chauffeurs only. 

Lights: 1 or more white lights front with letters 2 inches high; 
1 white rear. No searchlights allowed. 

Speeds: Cities or towns 10 miles, outside 15 miles. Must not 
cross bridges faster than a walk. 

Prince Edward Island 

No automobiles allowed. 


INDEX 


(The numbers refer to pages.) 

A 

Accident, duty of driver of automobile in case of, 18 
Admissions, by person arrested, 44 
Age of operator of motor vehicle, 31 
Animals, duty of motorist to avoid frightening, 8 

B 

Bail, what is, 45 

Admission to, 46 
Bells, 20, Appendix B 
Brakes, 20, Appendix B 

C 

Callan Automobile Law, 1 
Chauffeur 

Acceptance of commissions by, 38 
Authority to purchase supplies, 37 
Liability of employer for act of, 35 
License of in New York, 31 

in other jurisdictions, 32, 33, Appendices A and B 
Relations with employer, 35 
Scope of employment of, 35 
Unauthorized use of car by, 39 
Collision, duty to avoid, 6 
Commissions, acceptance of by chauffeur, 38 
Contributory negligence, what is, 3 
Corners, turning, rules on, 7 
Crimes of automobilists, 43 
Crossings, rules of conduct at, 7 

77 



78 


Index 


(The numbers refer to pages.) 

D 

Defense of cases, 48 

Driver, responsibility of for legal equipment, 21 

E 

Employer, relation of with chauffeur, 35 
Liability of for chauffeur’s acts, 35 

F 

Failure to use due care, 1 

Ferries, rights of motor vehicles on, 51 

G 

Garage keeper 

Charges of, 39 
Liabilities of, 41 
Lien of, on automobile, 40 
Guilt of passenger when operator has violated law, 50 
Guest, status of as to driver’s negligence, 11 
Status of as to driver’s crime, 50 

H 

Highways, operation of motor vehicles on. 1 
Rights of motor vehicles to use, 4 
Horn, 20 

Horses, duty of motorist on approaching, 8 

I 

Ignorance of law, no excuse, 50 
Insurance of automobiles, 52 
Intersecting highways, rules of conduct at, 7 
Intoxicated person, operation of motor car by, 18 

L 

Last clear chance to q.yoid injury, doctrine of, 3 


Index 


79 


(The numbers refer to pages.) 

Licenses, of chauffeurs and operators 
In New York, 31 
In New Jersey, 32 
In Connecticut, 33 

Of non-resident chauffeurs, 33, Appendix A 
Revocation of, 29, 33 
Lien on automobile 

Of garage keeper, 40 
Of repair man, 41 

Lights on automobile, 20, Appendix B 
Local laws, motorists must obey, 29 
When can regulate speed, 13, 14 
Loss of registration certificate, 29 

M 

Manufacturer, responsibility of for legal equipment of auto¬ 
mobile, 21 

Meeting and passing vehicles, 4 

Motor-cycle, not classed as motor vehicle in New York, 23 
Motor vehicle, what is in New York, 23 

N 

Negligence, defined. 2 

Contributory negligence, what is, 3 
Insurance against damage from, 53 
Non-residents, motor vehicles of as to registration and rights 
in highways, 27 

Non-resident operators and chauffeurs, rights and licenses of, 33, 
Appendices A and B 
Notice to Insurance Company, 53 

O 

Officer, arrest by, 44 
Operator 

Age of, 32 


80 


Index 


(The numbers refer to pages.) 

Operator 

Who may be, 30, 31 
License of 

In New York, 31 
In New Jersey, 32 
In Connecticut, 32 
Overtaking and passing vehicle, 5 
Owner, responsibility of, for legal equipment, 21 

P 

Parks, public, automobiles in, 11 
Passenger, guilt of in speed cases, 50 
Status of where driver negligent, 11 
Passenger vessels, transportation of motor vehicles on, 
Pedestrians, rights in highway, 10 
Duty of motorist towards, 10 

R 

Reasonable care, what is, 1 
Duty of driver to use, 1 
Duty of garage keeper to use, 41 
Reasonable charge, duty of garage keeper to make, 39 
Duty of repair man to make, 42 
Registration of motor vehicles 
In general, 23 
In New York, 23 
In New Jersey, 25 
In Connecticut, 26 
In other jurisdictions, Appendix B. 

Non-residents’ cars 
In general, 27 

In particular jurisdictions, Appendix A 
Repair man 

Lien of on automobile, 41 
Rights and liabilities of, 41 


Index 


(The numbers refer to pages.) 
Revocation of licenses, 29, 33 
Rules of the road, what are, 4 


S 

Scope of chaueffur’s employment, 35 
Signal, duty to give, 6, 12 
Signaling device, 20, Appendix B 
Signs, showing speed limits, 14 
Speed of motor vehicles 
In general, 13 
In New York State, 14 
In New York City, 15 
In New Jersey, 15 
In Connecticut, 16 
In Massachusetts, 17 
In other jurisdictions, Appendix B 
Standing vehicles in highways, 11 
Street cars, passing of, 10 

Supplies, authority of chauffeur to purchase, 37 

Liability of owner for, when purchased by chauffeur, 37 


Traffic rules, 12 

In New York City, 12 


T 


V 

Vessels, rights of automobiles on, 51 


















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